Morissey v Allied Irish Bank Plc & Ors (Unapproved) [2023] IECA 131 (26 May 2023)

Morissey v Allied Irish Bank Plc & Ors (Unapproved) [2023] IECA 131 (26 May 2023)

The appellant's claim was purely personal and commercial, not environmental or public law, and did not engage the Aarhus Convention or s.50B Planning and Development Act 2000. The general rule that costs follow the event applies. The respondents, being wholly successful, are entitled to their costs in both the High Court and Court of Appeal.

Citation
[2023] IECA 131
Parties
Appellant: Philip Morrissey; Respondents: Allied Irish Bank Plc & Ors
Jurisdiction
Ireland
Judgment Date
26 May 2023
Procedural Posture
Civil Appeal (costs) / Post Appeal Costs Determination
Outcome
Respondents awarded costs of the appeal and High Court proceedings against the appellant.
Legal Topics
Costs, Receivership, Protective Costs Orders, Aarhus Convention, Personal Interest Vs Public Interest, Companies Act 2014 S.438
Company Law Civil Procedure Costs Receivership Protective Costs Orders Aarhus Convention Personal Interest Vs Public Interest Companies Act 2014 S.438

Case Brief

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Parties

Philip Morrissey

Appellant

Allied Irish Bank Plc & Ors

Respondents

Procedural Posture

Civil Appeal (costs) / Post Appeal Costs Determination

Legal Issues

  1. 1 Whether the appellant is entitled to a costs order in his favour or to avoid costs liability despite being unsuccessful in the appeal and High Court
  2. 2 Whether the Aarhus Convention or public interest grounds justify a departure from the general rule that costs follow the event
  3. 3 Whether the proceedings were of a public or private nature

Ratio Decidendi

The appellant's claim was purely personal and commercial, not environmental or public law, and did not engage the Aarhus Convention or s.50B Planning and Development Act 2000. The general rule that costs follow the event applies. The respondents, being wholly successful, are entitled to their costs in both the High Court and Court of Appeal.

Court Disposition

Respondents awarded costs of the appeal and High Court proceedings against the appellant.

Orders

  • Respondents entitled to costs of the appeal and High Court proceedings, to be ascertained in default of agreement.